The process of voir dire is an important stage of a criminal trial because it provides your attorney an opportunity to ask a potential juror questions about themselves to gather any information that could impact their beliefs during the trial. Keep reading to learn more about voir dire in Georgia.
What is Voir Dire in Georgia?
Voir dire is French for “to speak the truth.”Voir dire is the process by which the attorneys for the parties in the case or the judge pick a fair and impartial jury. During voir dire, the jury panel is questioned by both parties’ lawyers. The questions are intended to help the lawyers in the jury selection process. After voir dire, the jury is selected from the panel.
What Questions Can Be Asked on Voir Dire?
Under O.C.G.A. §15-12-164, during the voir dire process in a felony trial, the jurors must be asked:
- “Have you, for any reason, formed and expressed any opinion in regard to the guilt or innocence of the accused?” If the juror answers with “no,” then question 2 will be asked;
- “Have you any prejudice or bias resting on your mind either for or against the accused?” If the juror answers with “no,” then question 3 will be asked;
- “Is your mind perfectly impartial between the state and the accused?” If the juror answers this question with “yes,” then the juror will be considered a competent juror in all cases where the penalty for the offense is not the death penalty. If the penalty for the offenses involves the death penalty, then question 4 will be asked;
- “Are you conscientiously opposed to capital punishment?” If the juror answers this question with “no,” the juror will be considered a competent juror.
A juror can also be asked about their background information and other case-related experiences. For example, if the case involves a murder, a juror may be asked if any of their loved ones were tried and convicted of murder. However, a juror cannot be asked questions based on a hypothetical set of facts.
Some examples of questions that an attorney or judge may ask during voir dire include:
- Have you or a family member ever belonged to any organization related to crime prevention or criminal defense?
- Have you or a family member ever had a particularly positive or negative experiencewith the court system?
- Do you feel that the criminal justice system is fair or unfair?
- Are you or someone close to you now or in the past a prosecutor, a defense attorney, a judge, or other court personnel
- Do you have a dislike or mistrust of police officers?
- Have you or someone close to you had a particularly positive or negative experience with a police officer?
- Have you ever wanted to become a police officer?
- Do you have expectations, based on TV or movies, as to what you will see or hear as evidence during a criminal trial?
The prosecutor or the defense attorney can introduce evidence to demonstrate to the judge that a juror’s answers are untrue. The judge will then determine whether the answers are true based on the evidence presented. If the answers are untrue, the juror can be considered“incompetent” by the judge and will not be able to be part of the jury trial.
What does it mean to be an incompetent juror?
A juror is considered incompetent or excluded from sitting as a juror in the trial if they are found to be impermissibly biased or cannot be impartial during the trial.
Peremptory Challenge
A peremptory challenge is a particular juror challenge given to the State and the defense before trial. A peremptory challenge excludes a potential juror without the need for any reason or explanation. However, the peremptory challenge cannot be based on race, ethnicity, or sex.
Batson Challenge
If a party believes the peremptory challenge is based on race, ethnicity, or sex, the party can make a “Batson challenge.” A Batson challenge comes from the landmark case, Batson v. Kentucky. A Batson challenge refers to the act of objecting to the validity of a peremptory challenge because the other party used the challenge to exclude a juror based on race, ethnicity, or sex.
Have Questions? Give Me a Call.
It is important that you have a passionate criminal defense attorney to advocate on your behalf before and during your trial. I have decades of criminal law experience representing people accused of both misdemeanors and felonies. I will advocate on your behalf at each stage of your case to make sure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call today!
